PRAYERS

DAILY ROUTINE OF BUSINESS

Presenting reports from inter-parliamentary delegations

Pursuant to Standing Order 34(1), Mr. Speller (Haldimand -- Norfolk) presented the Report of the Canadian Branch of the Commonwealth Parliamentary Association (CPA) respecting the Canadian Regional Conference held in Halifax, Nova Scotia, from July 23 to 28, 1995. -- Sessional Paper No. 8565-351-53B.

Introduction of private members' bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Esquimalt -- Juan de Fuca), seconded by Mr. Cummins (Delta), Bill C-348, An Act to amend the Criminal Code (mines), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, the Order for the second reading and reference to the Standing Committee on Human Resources Development of Bill C-310, An Act to provide resumption of operations of Archer Daniel Midland Ltd., standing in the order of precedence on the Order Paper in the name of Mr. Lincoln (Lachine -- Lac-Saint-Louis), was discharged and the Bill withdrawn.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-45, An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act, as reported by the Standing Committee on Justice and Legal Affairs with amendments;

And of the motion in Group No. 1 (Motion No. 1).

Group No. 1

Motion No. 1 of Mr. Thompson (Wild Rose), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-45, in Clause 21, be amended by adding after line 13, on page 8, the following:

``(3) Notwithstanding any other provision in this Act or the regulations, the Service

(a) shall require the offender to pay as restitution

(i) to the victim of an offence committed by the offender, or

(ii) to the family of the victim referred to in subparagraph (i) where the victim is killed or is unable to manage his or her financial affairs as a result of the offence,

(b) on the request of or made on behalf of any victim who wishes to undergo treatment or counselling for the purposes of relieving any physical or psychological trauma resulting from a sexual assault, an aggravated sexual assault or a sexual assault with a weapon committed by the offender against the victim, shall require the offender to pay towards the cost of that treatment or counselling an amount to be determined by the Service of the gross payment referred to in subsection (1) or gross income.

(4) Where an offender is required to make any payment under subsection (3), the offender shall not be required to make any payment under paragraph (2)(b).

(5) For the purposes of this section, ``victim'' means a person described in paragraph 2(1)(a).''

The debate continued on the motion in Group No. 1.

The question was put on Motion No. 1 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 2

Mrs. Venne (Saint Hubert), seconded by Mr. Langlois (Bellechasse), moved Motion No. 2, -- That Bill C-45, in Clause 34, be amended in the French version by replacing lines 15 to 19, on page 13, with the following:

``n'est pas admissible à la libération conditionnelle totale avant d'avoir purgé, à la fois, depuis le jour où il s'est vu infliger cette peine supplémentaire:

a) le reste du temps d'épreuve relatif à la peine que le délinquant purgeait déjà lorsqu'il s'est vu imposer la peine supplémentaire;

b) le temps d'épreuve relatif à cette peine supplémentaire.''

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 3, -- That Bill C-45, in Clause 39, be amended in the English version by replacing lines 13 and 14, on page 17, with the following:

``(b) serving a life sentence imposed otherwise than as a minimum''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 6, -- That Bill C-45, in Clause 40, be amended by replacing lines 41 to 46, on page 18, and lines 1 to 3, on page 19, with the following:

``(6) Where an offender receives a sentence to be served in a provincial correctional facility and fails to earn or forfeits any remission under the Prisons and Reformatories Act and is transferred to penitentiary, otherwise than pursuant to an agreement entered into under paragraph 16(1)(a), the offender is not entitled to be''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 8, -- That Bill C-45, in Clause 42, be amended by replacing line 15, on page 21, with the following:

``(6) Subparagraph 129(5)(c)(ii) of the Act is replaced by the following:

(ii) referred to the Chairperson pursuant to paragraph (3)(b) after the statutory release date has passed,''.

(7) Subsection 129(9) of the Act is re-''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 12, -- That Bill C-45, in Clause 44, be amended in the English version by replacing line 13, on page 26, with the following:

``subsection 130(3) or paragraph 130(3.3)(6),''.

Mrs. Venne (Saint-Hubert), seconded by Mr. Langlois (Bellechasse), moved Motion No. 13, -- That Bill C-45, in Clause 45, be amended in the French version, by replacing line 25, on page 27, with the following:

``pertinents dans leur évaluation du risque que le délinquant''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 18, -- That Bill C-45, in Clause 52, be amended by replacing line 10, on page 34, with the following:

``52. (1) Paragraph 140(1)(6) of the English version of the Act is replaced by the following:

(b) the first review for full parole pursuant to subsection 123(1), including the review conducted pursuant to subsection 126(4), and subsequent reviews pursuant to subsection 123(5);

(2) Paragraph 140(1)(c) of the Act is''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 20, -- That Bill C-45, in Clause 66, be amended by adding after line 6, on page 42, the following:

``(b) subsection 108(2);''.

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), moved Motion No. 21, -- That Bill C-45, in Clause 67, be amended by adding after line 21, on page 42, the following:

``(a) the definitions ``day parole'' and ``full parole'' in subsection 99(1);''.

Mr. Langlois (Bellechasse), seconded by Mrs. Venne (Saint-Hubert), moved Motion No. 22, -- That Bill C-45, in Clause 68, be amended in the English version by replacing line 28, on page 42, with the following:

``68. The French version of the following provisions are''

Mr. Langlois (Bellechasse), seconded by Mrs. Venne (Saint-Hubert), moved Motion No. 23, -- That Bill C-45, in Clause 69, be amended in the English version by replacing line 21, on page 43, with the following:

``69. The French version of the following provisions are''.

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 2 and it was agreed to.

The question was put on Motion No. 3 and it was agreed to.

The question was put on Motion No. 6 and it was agreed to.

The question was put on Motion No. 8 and it was agreed to.

The question was put on Motion No. 12 and it was agreed to.

The question was put on Motion No. 13 and it was negatived on division.

The question was put on Motion No. 18 and it was agreed to.

The question was put on Motion No. 20 and it was agreed to.

The question was put on Motion No. 21 and it was agreed to.

The question was put on Motion No. 22 and it was agreed to. Accordingly, Motion No. 23 was also agreed to.

Group No. 3

Mr. Thompson (Wild Rose), seconded by Mr. Breitkreuz (Yorkton -- Melville) moved Motion No. 4, -- That Bill C-45, in Clause 40, be amended by adding after line 6, on page 18, the following:

``(1.1) , Subsection (1) does not apply to any offender who is serving a sentence for the commission of an offence involving violence.

(1.2) For the purposes of subsection (1.1), ``offence involving violence'' means any offence set out in Schedule I.''

Mr. Thompson (Wild Rose), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 5, -- That Bill C-45, in Clause 40, be amended by replacing lines 33 to 40, on page 18, with the following:

``(5) Notwithstanding any provision in this or any other Act of Parliament, no offender whose parole or statutory release has been suspended or revoked under section 135 is entitled to be released again on statutory release before the expiration of the offender's sentence according to law.''

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. St. Denis (Algoma), moved Motion No. 7, -- That Bill C-45, in Clause 41, be amended by replacing lines 15 and 16, on page 19, with the following:

``41. Subsections 128(2) and (3) of the Act are replaced by the following:

(2) Except to the extent required by the conditions of any day parole, an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release or unescorted temporary absence is suspended, cancelled, terminated or revoked.''

Mr. Gagnon (Parliamentary Secretary to the Solicitor General of Canada), seconded by Mr. St. Denis (Algoma), moved Motion No. 10, -- That Bill C-45, in Clause 43, be amended in the English version

(a) by replacing line 32, on page 24. with the following:

``(3.1) An order made under subsection (3)'';

(b) by replacing line 36, on page 24, with the following:

``subsection (3) has been made, an offender'';

(c) by replacing line 39, on page 25, with the following:

``to an order made under subsection (3) or''; and

(d) by replacing line 2, on page 26, with the following:

``subsection (3) or paragraph (3.3)(b) not to be released''.

Mr. Thompson (Wild Rose), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 11, -- That Bill C-45, in Clause 43, be amended

(a) by replacing lines 25 to 35, on page 25, with the following:

``(2) Subsection 130(4) of the Act is repealed.''; and

(b) by deleting lines 1 to 9, on page 26.

Mr. Thompson (Wild Rose), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 17, -- That Bill C-45, in Clause 51, be amended by replacing lines 40 to 44, on page 33, and lines 1 to 9, on page 34, with the following:

``139. Notwithstanding any provision in this or any other Act of Parliament, where an offender who is subject to a sentence that has not expired receives an additional sentence, the offender shall serve the total of the unexpired portion of the sentence the offender was serving at the time the offender received the additional sentence and then shall serve the full term of the additional sentence.''

Debate arose on the motions in Group No. 3.

The question was put on Motion No. 4 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 5 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. , 10 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 11 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 17 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 4

Mrs. Venne (Saint-Hubert), seconded by Mr. Bélisle (La Prairie), moved Motion No. 9, -- That Bill C-45, in Clause 43, be amended by replacing lines 27 to 29, on page 24, with the following:

``an offence causing the death of or serious harm to another person or a sexual offence involving a child''.

Debate arose on the motion in Group No. 4.

The question was put on Motion No. 9 and it was negatived on division.

Group No. 5

Mrs. Venne (Saint-Hubert), seconded by Mr. Bé1isle (La Prairie), moved Motion No. 14, -- That Bill C-45, in Clause 45, be amended by replacing line 36, on page 27, with the following:

``(iii) reliable information from recognized and dependable sources demonstrating''.

Mrs. Venne (Saint-Hubert), seconded by Mr. Bé1isle (La Prairie), moved Motion No. 15, -- That Bill C-45, in Clause 45, be amended by replacing line 1, on page 28, with the following:

``(b) reliable information from recognized and dependable sources about the offend-''.

Debate arose on the motions in Group No. 5.

The question was put on Motion No. 14 and it was negatived on division.

Accordingly, Motion No: 15 was also negatived on division.

Group No. 8

By unanimous consent, Mrs. Venne (Saint-Hubert), seconded by Mr. Bélisle (La Prairie), moved Motion No. 24, -- That Bill C-45, in Clause 72, be amended

(a) by replacing line 16, on page 44, with the following:

``741.2 Notwithstanding subsection''; and

(b) by deleting lines 7 to 12, on page 45.

By unanimous consent, Mrs. Venne (Saint-Hubert), seconded by Mr. Bélisle (La Prairie), moved Motion No. 25, -- That Bill C-45, in Clause 83, be amended

(a) by replacing line 14, on page 52, with the following:

``743.6 Notwithstanding subsection''; and

(b) by deleting lines 34 to 39, on page 52.

By unanimous consent, Mrs. Venne (Saint-Hubert), seconded by Mr. Bélisle (La Prairie), moved Motion No. 26, -- That Bill C-45, in Clause 83, be amended

(a) by replacing line 45, on page 52, with the following:

``743.6 Notwithstanding subsection''; and

(b) by deleting lines 17 to 22, on page 53.

Debate arose on the motions in Group No. 8.

The question was put on Motion No. 24 and it was negatived on division.

Accordingly, Motions Nos. 25 and 26 were also negatived on division.

Group No. 6

Mr. Thompson (Wild Rose), seconded by Mr. White (Fraser Valley West), moved Motion No. 16, -- That Bill C-45 be amended by adding after line 19, on page 28, the following new Clause:

``45.1 The Act is amended by adding the following after section 132:

``132.1 Where the Board, under section 130 or 131, orders the statutory release of an offender who was convicted of a sexual offence involving a child, the Board shall provide the offender's name and date of release for inclusion in the registry referred to in subsection 132.2 (1).

132.2 (1) There shall be kept in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, in a registry kept separate and apart from other criminal records, a record of every conviction for a sexual offence involving a child, which record shall include

(a) the name of the person convicted of the offence and the person's address, if any, at the time of the conviction;

(b) the section of the Criminal Code under which the person who committed the offence was convicted;

(c) the details that describe the manner in which the person convicted of the offence committed the offence;

(d) the date that a person convicted of a sexual offence involving a child is to be released on statutory release pursuant to an order made by the Board under section 130 or 131; and

(e) any other information that may be prescribed by regulation.

(2) All the information included in a record kept in the registry referred to in subsection (1) shall be made available to a peace officer who is investigating a sexual offence involving a child where the officer requests such information.

(3) Where a person is convicted of a sexual offence involving a child, the police force responsible for the investigation of the offence shall provide a record of the offence, which shall include the information referred to in paragraphs (a), (b), (c) and (e), for inclusion in the registry referred to in subsection (1).''

Debate arose on the motion in Group No. 6.

The question was put on Motion No. 16 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 7

Mr. Thompson (Wild Rose), seconded by Mr. White (Fraser Valley West), moved Motion No. 19, -- That Bill C-45, in Clause 56, be amended

(a) by adding after line 8, on page 36, the following:

``(1.1) An inquiry shall be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures where the member has recommended conditional release for a violent offender and the violent offender has committed a violent offence while on that conditional release.'';

(b) by replacing lines 10 and 11, on page 36, with the following:

``propriate that an inquiry under subsection (1) be held or where an inquiry must be held by virtue of subsection (1.1), a judge, supernumerary judge or former'';

(c) by replacing line 46, on page 37, with the following:

``member's office,''; and

(d) by replacing line 3, on page 38, with the following:

``the due execution of the member's office, or

(e) has recommended conditional release for a violent offender and the violent offender has committed a violent offence while on that conditional release,''.

Debate arose on the motion in Group No. 7.

The question was put on Motion No. 19 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The House proceeded to the taking of the deferred recorded divisions at report stage and second reading of Bill C-45, An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act as reported by the Standing Committee on Justice and Legal Affairs with amendments.

Pursuant to Standing Order 45(7), the recorded divisions were further deferred until Monday, September 25, 1995, at 6:00 p.m.

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill S-9, An Act to amend the Canada-United States Tax Convention Act, 1984.

Mr. Marchi (Minister of Citizenship and Immigration) for Mr. Martin (Minister of Finance), seconded by Mr. Chan (Secretary of State (Asia-Pacific)), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Finance.

Debate arose thereon.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the second time and referred to the Standing Committee on Finance.

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceed to Oral Questions.

GOVERNMENT ORDERS

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill C-102, An Act to amend the Customs Act and the Customs Tariff and to make related and consequential amendments to other Acts.

Mr. Goodale (Minister of Agriculture and Agri-Food) for Mr. Martin (Minister of Finance), seconded by Mr. Walker (Parliamentary Secretary to the Minister of Finance), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Finance.

Debate arose thereon.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the second time and referred to the Standing Committee on Finance.

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill C-90, An Act to amend the Excise Tax Act and the Excise Act.

Ms. Marleau (Minister of Health) for Mr. Martin (Minister of Finance), seconded by Mr. Gerrard (Secretary of State (Science, Research and Development)), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Finance.

Debate arose thereon.

The question was put on the motion and, by unanimous consent, the recorded division was deferred until Monday, September 25, 1995, at 6:00 p.m.

PRIVATE MEMBERS' BUSINESS

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C-260, An Act to amend the Criminal Code (replica firearms, theft, import or unlawful sale of firearms).

Ms. Meredith (Surrey-White Rock-South Langley), seconded by Mr. Thompson (Wild Rose), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

ADJOURNMENT

At 6:18 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(l ).